Article 43–Article 44 · 2 articles
Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Recognition
1. A decision referred to in Article 42(1) given in a Member State shall be recognised in the other Member States without any special procedure being required and without any possibility of opposing its recognition unless and to the extent that the decision is found to be irreconcilable with a later decision as referred to in Article 50.
2. A party who wishes to invoke in a Member State a decision referred to in Article 42(1) given in another Member State shall produce the following:
(a)
a copy of the decision, which satisfies the conditions necessary to establish its authenticity; and
(b)
the appropriate certificate issued pursuant to Article 47.
3. Article 31(2) and (3) shall apply accordingly.
Stay of proceedings
The court before which a decision referred to in Article 42(1) given in another Member State is invoked may stay its proceedings, in whole or in part, where:
(a)
an application has been submitted alleging the irreconcilability of that decision with a later decision as referred to in Article 50; or
(b)
the person against whom enforcement is sought has applied, in accordance with Article 48, for the withdrawal of a certificate issued pursuant to Article 47.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
